EMPIRE FIRE & MARINE INSURANCE CO. v. GOODMAN

No. 11040.

412 P.2d 569 (1966)

EMPIRE FIRE AND MARINE INSURANCE COMPANY, a Corporation, Plaintiff and Appellant, v. Walter GOODMAN, as Guardian ad litem of Loren David Goodman, a Minor, Defendant and Respondent.

Supreme Court of Montana.

Decided April 1, 1966.


Attorney(s) appearing for the Case

Keller, Magnuson, Reynolds & Drake, Paul Reynolds (argued), Helena, for appellant.

Maffei & Harrington, Maurice A. Maffei (argued), Butte, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal by the plaintiff in a declaratory judgment proceeding in which the district court of Deer Lodge County granted the defendant's motion to dismiss on the ground the complaint failed to state a claim upon which relief could be granted.

It appears that on November 3, 1962, the plaintiff-appellant insurance company issued an automobile liability policy to the defendant...

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